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February 27 2006 Minutes

CITY OF BUCHANAN COMMISSION MINUTES
FEBRUARY 27, 2006

A Public Hearing was called to order at 8:00 p.m. by Mayor Scanlon to invite and hear comments regarding Amendment to Code of Ordinances Section 86-Streets, Sidewalks & Other Places, Article III.  Sidewalks Section 86-67 Duties To Keep Sidewalk Clean. Applicable notice was given and all Commissioners were in attendance.  
After request from the Mayor, Mullendore explained that the ordinance amendment was proposed for enforcement of an ordinance that was already adopted and would be complaint driven. She alleged the City would lead by example. Mayor stated the City could not afford to clean every sidewalk within the City as funding was cut to 1996 standards. The clerk confirmed that a call was received from Norma Ferris, 304 S. Oak for more information about the ordinance.  Lene Mollberg, 14753 Broceus School Road was asked to sit down by the Mayor.  Helen Jackson, 419 W. Front spoke in opposition to the amendment as it would put an undue hardship on elderly residents.  Sarah Bates, 401 Chippewa on behalf of her elderly mother and neighbors opposed the amendment due to the monetary and physical cost to residents. Doris Lamb, 121 Charles Court was concerned as City snow plows create snow on the sidewalks and residents cannot keep up with shoveling/clearing. She was also concerned about the hazard of damaged sidewalks. 
The Mayor noted that the Commission would consider the ordinance later in the meeting and with no further public comments, adjourned the public hearing at 8:24 p.m.

A regular meeting of the City Commission was held at City Hall, 302 N. Redbud Trail, Buchanan, Michigan Monday, February 27 and called to order by Mayor Scanlon at 8:25 p.m. 
The Pledge was recited by all in attendance. An Invocation was not heard.     

Commissioners present: Alberta Arbanas, David Hagey, MarLon McGuire, Patricia Moore, Earl Scanlon III
Commissioner absent:    None
Staff present included City Manager Meg Mullendore, Treasurer Juli O’Bryant, Assessor Gordon Schreiber, Public Services Director Rick Smigielski, and City Clerk Gladys Bybee. City Attorney Randy Hyrns and Environmental Attorney Jim Enright were also in attendance.
Guests included Judy Smith, District Library Director, and Judy Phillips, Dial A Ride Director along with 22 visitors present, 2 being Press

Moore moved seconded by McGuire to postpone, to the next meeting, item D. under Unfinished Business and D. E. J. L. under New Business. Roll call vote unanimous. 
Hagey moved, seconded by McGuire to approve the Consent Calendar as amended. Roll call vote unanimous.

• Agenda
• Minutes: Regular Meeting February 13 ~ Work Session Meeting February 11
• Checks 49695 to 49814 in the amount of $421,737.51 
• Appointment of  Jason Lietz to the Zoning Board of Appeals to fulfill a term through 2008
• Appointment of Philip Hempel, Tammie Herrman, Terry Holloway, Alice Hopkins, Alice Kring, Liz Miller, and Therese Niemier to the Farmers’ Market Board
• Acknowledge 2006-07 Budget Work Session Schedule
• Purchase of the Geographic Information Systems (GIS) parcel data in conjunction with the Downtown Development Authority (DDA) through the County Planning Department at a reduced cost of $1.25 per parcel; $2,343.75 cost to City  

Judy Smith, Buchanan District Library Director confirmed that the annual report had been filed with the City Clerk as applicable. She explained the report in detail. Discussion shared about front door being locked and difficulty of exit being monitored.

Gordon Schreiber, Assessor confirmed receipt of his six month written report and explained briefly. Discussion was shared with Commission.

After brief clarification from Mullendore and all Commissioners assuring that safety and providing access was the issue, McGuire moved seconded by Moore to approve Ordinance 2006.02/369, Amendment to Code of Ordinances Section 86 Streets, Sidewalks & Other Places, Article III.  Sidewalks Section 86-67 Duties To Keep Sidewalk Clean as written and presented. Roll call vote carried unanimous.
Copy of Ordinance attached and made a part of this record.

The Commission clarified the public hearing to invite and hear comments regarding the outcome of 114 North Oak Street (a.k.a. Teen Center).

The City Clerk explained previous progress and current status on the Closeout requirements with the Homeowner Rehabilitation grant 2001. She committed to bring the other five home quotes to the next meeting and request consideration of a bid waiver.  Moore moved seconded by Arbanas to award the bid for Homeowner Rehabilitation II to Diamond Construction in the amount of $1,750 for 103 E. Dewey Street and reject bids from M&M Construction due to alleged state mechanical investigation and being no responsive. Roll call vote carried unanimous.  

O’Bryant explained and recommended the five (5) year annual financial audit contract proposed by Plante-Moran, LLP.  Sharon Vargo spoke briefly on behalf of Plante-Moran. Mullendore recommended, per Charter Section 9.10 to continue the Contract.  Moore moved seconded by Hagey to approve the five (5) year contract as recommended. Roll call vote carried unanimous.

Dick Proud presented the site plan and explained briefly. Hagey moved seconded by Moore to approve the Compliance Certificate and authorize the Garden Club to install a privacy fence on City property at the Ross Sanders house yard, better known as Buchanan Garden Club Memorial Park as reviewed and given favorable recommendation by the Plan Commission.  Motion carried by majority. YEA:Hagey, McGuire, Moore, Scanlon. ABSTAIN: Arbanas

The Mayor introduced the Ordinance and the Commission acknowledged the Public Hearing for Monday March 13, 2006 at 8:00 p.m. to hear comments regarding the City of Buchanan to assume responsibility for the administration and enforcement of the floodplain Management provisions of the Michigan Building Code.  Rick Smigielski explained the ordinance briefly. No official action necessary.

Director Judy Phillips reported no capital needs at this time just funding for operating assistance. She welcomed complaints at her office.  Moore moved seconded by Arbanas to approve the Resolution to apply for financial assistance for fiscal year 2007 under act 51 of public acts of 1951 and authorize endorsement.
WHEREAS, pursuant to Act No. 51 of the Public Acts of 1951, as amended (Act 51), it is necessary for the City of Buchanan to provide a local transportation program for the state fiscal year of 2007 and, therefore, apply for state financial assistance under provisions of Act 51; and
WHEREAS, it is necessary to certify that no changes in eligibility documentation have occurred during the past state fiscal year; and
WHEREAS, the 10e (18) accessibility plan for this agency has been reviewed and approved by the Local
Advisory Council; and
WHEREAS, the City of Buchanan has reviewed and tentatively approved the proposed balanced operating budget, and funding sources of $17,700 estimated federal funds, $57,894 estimated state funds,
$61,906 estimated local funds and $10,000 estimated farebox revenues, budget total estimated operating expenses of $147,500; and                                                                                                           
WHEREAS, said budget includes estimated operating expenses and no capital requests for Buchanan Dial-A-Ride.                                  
NOW THEREFORE BE IT RESOLVED that the City of Buchanan does hereby make its intentions known to provide public transportation services and to accept 49 USC s 5311 (formerly Section 18) assistance in accordance with Act 51; and 5307 funds, and
HEREBY authorizes Julianne M. O'Bryant as Transportation Coordinator, for all public transportation matters for FY 2007.
Roll call vote carried unanimous. Resolution 2006.02/08 declared adopted.

Smigielski distributed a sketch of the sewer line cross section blockage at Remus and Harlan Avenue area and explained in specific detail.  He confirmed although the equipment used for all departments, purchase specifically for WWTP. After shared discussion, Moore moved seconded by McGuire to approve the bid waiver to purchase the trash pump with hose at a cost not to exceed $4,094.50 as presented. Roll call vote carried unanimous.

Director Wayne Writer reported the dedication of Don Rennhack.  Hagey moved seconded by Moore to approve the following Resolution as presented.
WHEREAS,   the Buchanan Area Recreation Board, at its January 2006 meeting, approved to name the third softball field in memory of Mr. Don Rennhack; and
WHEREAS,   Mr. Rennhack was active in the Buchanan Community as an educator, coach, sportsman, and volunteer; and
WHEREAS, a nameplate, in his honor be engraved and placed at the field.
NOW THEREFORE, BE IT RESOLVED,  that the third softball field at McCoy Creek Recreation Area be officially named Rennhack Field.
Roll call vote carried unanimous. Resolution 2006.02/09 declared adopted.

Writer reported on the events to obtain funds for the purchase of Victory Park Sign with monies raised by the youth to match the sign design as Ravish park; cost not to exceed $560. (currently $700. deposited for purchase) Moore moved seconded by Hagey to approve the purchase of the sign as funds allowed and as presented. Roll call vote carried unanimous.

Jim Enright explained the ongoing, since 1993, clean-up and remediation of certain Ingersoll Rand (IR) (a.k.a. Clark Equipment) properties. He introduced Charlene McGue and Bill Ferrell from Horizon Environmental (firm hired by IR) available for any questions or concerns.  He explained the need for restrictive covenants for the specific IR owned, City owned and DDA owned parcels originally approved in 2001. He asked for authorization for the City Manager and clerk to endorse the changes in the restrictive covenants document. He explained changes/modifications at the north parcel needed to develop an observation deck along McCoy’s Creek. Questions and concerns were shared from Commission regarding public exposure to contaminants, restrictions and allowable limits for particular uses. McGue explained the technicalities of cleanup in particular areas and the last Remediation Action Plan (RAP) proposed to the DEQ from IR which was not approved but IR required fulfill. Dick Proud and Sheila Daly from the McCoy’s Creek Trail Committee and Attorney Enright shared brief discussion regarding the continuation of the Trail (request submitted to DEQ). Kevin Barker was concerned about the property he purchased, the money he paid for cleanup ("reimbursement"), the restrictive covenants and the fact that the Baseline Environmental Assessment (BEA) did not address the same contaminants.  Scanlon confirmed that he was not satisfied and would not accept the replacement of Third Street and the curbing.  Comments were heard regarding uses from Commissioner’s, Assessor Gordon Shreiber, Kevin  Barker, and City Manager with Attorney’s responses. Hagey moved seconded by Arbanas to authorize the City Manager and Clerk to endorse the agreement with updated versions and changes provided no substantial changes. Roll call vote carried by majority YEA: Hagey, McGuire, Arbanas, Scanlon. NAY: Moore

Bruce Hipshear, 116 N. Cayuga announced his candidacy challenging Neal Nitz.  Joe Scanlon, 206 Redbud Trail announced his candidacy for County Commissioner District 11.

Mullendore commented: 
• Omitted due to lateness of meeting 

Moore  commented:
• Congratulate Joe for continuing his political career

Arbanas commented:
• Congratulations and Good Luck to Joe and Bruce
• Thanks to the Art Center for the tour
• Thanks to Chief for Annual Firefighter banquet and all firefighters

McGuire commented:
• Urged citizens to volunteer
• Best wished to Joe and Bruce
• Committed to the safety and best for the citizens of Buchanan

Scanlon commented:
• Date/Time of Drug Awareness Outreach Program at Faith United Community

Moore moved seconded by Arbanas to adjourn the meeting at 11:04 p.m. Voice vote carried unanimous.

____________________________                    _____________________________
Gladys M. Bybee, CMC-City Clerk                        Earl J. Scanlon III, Mayor
 

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